This property served as an industrial fuel oil storage facility with two 250,000-gallon aboveground storage tanks, a pump house, and distribution piping, with operations dating back decades before the first tank was removed in 2001 and a prior fuel oil release case opening in 1989. Petroleum volatile organic compounds, naphthalene, polycyclic aromatic hydrocarbons (PAHs), and metals including arsenic, cadmium, and lead have been confirmed in soil and groundwater, with benzene and naphthalene exceeding NR 140 Preventive Action Limits in monitoring wells. Contamination has migrated across parcel boundaries into an adjacent municipal park, where soil borings confirmed PAHs and metals exceeding NR 720 Residential Contact Levels. The site is an active Wisconsin DNR Environmental Remediation Program case with vapor sampling, soil management, and groundwater investigation ongoing. That history could support an insurance coverage claim against the carriers who issued policies more than 40 years ago — coverage that could help fund the cleanup ahead.
Pre-1986 Commercial General Liability (CGL) policies were occurrence-based and did not contain an effective pollution exclusion in Wisconsin — and those policies may provide coverage that remains enforceable today. If contamination occurred while those policies were active, those historical insurance carriers may still have a legal obligation to fund the cleanup costs, even if the business closed or the property changed hands.
Industrial fuel oil storage operations at this property — including the use of 250,000-gallon aboveground storage tanks, a pump house, and distribution piping — were conducted for decades before 1986, and the petroleum volatile organic compounds, PAHs, and metals now confirmed in soil and groundwater originated during that extended period of pre-1986 activity. The future costs of completing Wisconsin DNR Environmental Remediation Program requirements — including ongoing groundwater investigation, vapor intrusion assessment, cross-boundary soil remediation where contamination has migrated into the adjacent municipal park, and long-term monitoring to achieve compliance with NR 140 and NR 720 standards — represent substantial obligations that historical pre-1986 carriers may be required to fund.
Restorical's role is to locate viable historical policies, determine whether a successful coverage claim is possible, and assist our clients and their legal counsel to obtain insurance coverage. Restorical then manages the claim, including accounting, to ensure the cleanup is funded in a timely manner.
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Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.